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All Journal JIPRO : Journal Of Intellectual Property Media of Law and Sharia
Wicaksono, Rifki Alfian
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Humanities Law, Crime, Criminology & Criminal Justice

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TRANSPLANTASI PENGATURAN RESALE RIGHTS (DROIT DE SUITE) PRANCIS KE DALAM SISTEM HUKUM HAK CIPTA INDONESIA Syakura, Abdan; Wicaksono, Rifki Alfian; Madani , A. Iqbal; Riswandi , Budi Agus
JIPRO: Journal of Intellectual Property JIPRO, Vol. 7, No.1, 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/jipro.vol7.iss1.art4

Abstract

The concept of droit de suite or the right to receive royalties from the resale of a work (resale royalty rights) for artists is designed so that it can be used as a system to provide a portion of the increase in the value of the work to the artist when his work is resold. In the regulation of the copyright law system in Indonesia, the principle of droit de suite does not yet have a specific arrangement as part of the moral rights contained in Law No. 28 of 2014 concerning Copyright (UUHC), even though the condition for implementing droit de suite is that the state must give permission and legally recognize the droit de suite in the laws and regulations. This study uses a juridical normative method and uses the Statute Approach and the Conceptual Approach which are analyzed descriptively. The results of the study indicate that there is a need for harmony with the resale rights law which will be carried out by transplanting the law into Indonesian law.
Discursive Contestations Beyond Parliament Shaping Indonesia’s Sexual Violence Criminal Bill: Dynamics, Actors, and Legitimacy Fajar, Habib Ferian; Semadaria, Kharisma Ratuprima; Wicaksono, Rifki Alfian; Meryadinata, Geofani Lingga; Latuconsina, Naimah; Akbar, M. Fabian
Media of Law and Sharia Vol. 7 No. 1 (2026)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v7i1.451

Abstract

Law Number 12 of 2022 on Sexual Violence Crimes (TPKS Law) emerged as a response to the increasing number of sexual violence cases and the inadequacy of previous legal frameworks in providing justice and protection for victims. The enactment of this law signifies the urgency of ensuring legal certainty grounded in justice, public benefit, and respect for human rights. This study examines the debate and the state’s response during the legislative process, reflecting the tension between human rights and religious morality paradigms. It highlights three main aspects: the role and interaction of various actors in shaping the debate, the construction of morality and human rights within the socio-political framework, and the juridical-political significance of the TPKS Law in forming responsive legal norms. Using a normative legal approach and theoretical analysis, the findings show that the law represents a convergence between human rights and religious morality, producing a compromise between legal and political interests. This dynamic marks a transition from repressive to responsive lawmaking, emphasizing civil society participation and legislative commitment. Ultimately, the TPKS Law stands as both a legal achievement and a product of political contestation that strengthens victim protection and upholds human dignity.
Co-Authors Abdan Syakura Akbar, M. Fabian Fajar, Habib Ferian Latuconsina, Naimah Madani , A. Iqbal Meryadinata, Geofani Lingga Riswandi , Budi Agus Semadaria, Kharisma Ratuprima